Welcome to the Orcus Law LLP blog! We are a law firm based out of Mississauga, Ontario focusing on landlord and tenant issues. Our team of experienced lawyers and paralegals have a deep understanding of the legal intricacies involved in landlord and tenant law, and we are here to share our knowledge with you. 

We will be discussing some of the most frequently asked questions we receive about landlord and tenant laws in Ontario. We hope that this resource will help you understand the complexities of these laws, and how Orcus Law LLP can help you navigate them successfully. 

Q: What is the legal process for eviction in Ontario? 

A: The legal process for eviction in Ontario involves two steps. First, the landlord must provide the tenant with proper notice that they are being evicted. The notice must include the reasons for eviction, the amount of time the tenant has to leave, and any other relevant information. Second, if the tenant does not vacate the property within the allotted time, the landlord must file an application with the Landlord and Tenant Board (LTB) for an eviction order. 

Q: What are the rules for ending a tenancy agreement in Ontario? 

A: The rules for ending a tenancy agreement in Ontario depend on the type of tenancy and the type of notice required. Generally speaking, month-to-month tenants must provide at least 60 days’ notice and fixed-term tenants must provide at least 28 days’ notice. Orcus Law LLP can help you determine the type of tenancy you have and the notice you’re required to give, as well as provide assistance with the legal process of ending a tenancy agreement. 

Q: What are the tenant’s rights when it comes to repairs and maintenance? 

A: Tenants have the right to a safe and habitable living space. This includes the right to request repairs and maintenance, and the right to withhold rent if the repairs are not completed in a timely manner. 

Q: What are the rights and obligations of the landlord? 

A: The landlord’s rights and obligations depend on the type of tenancy, the terms of the lease, and the applicable laws. Generally speaking, the landlord is responsible for ensuring the rental unit is in a safe and habitable condition, providing basic services such as heat and water, and providing notice of entry. Orcus Law LLP can help you understand the rights and obligations of the landlord, as well as provide advice on how to handle tenant disputes.

Q: What is a landlord’s responsibility regarding the tenant’s security deposit?

A: The landlord is responsible for ensuring that the tenant’s security deposit is held in a trust account and returned to the tenant at the end of the tenancy, minus any amounts for damages or unpaid rent. 

Q: What are the tenant’s rights when it comes to privacy and access?

A: Tenants have the right to privacy and freedom from harassment in their rental unit. The landlord is required to provide 24 hours’ notice before entering the unit and must enter at a reasonable time. 

Q: Are landlords required to provide access to amenities in Ontario?

A: Yes, landlords are required to provide access to amenities, such as laundry facilities, parking spaces, and common areas, as stated in the lease agreement. 

Q: What are the requirements for a valid rental agreement in Ontario?

A: A valid rental agreement in Ontario must include the names of the tenant and landlord, the address of the rental unit, the amount of rent, and the terms and conditions of the tenancy. The agreement must also be in writing and signed by both parties.

Q: Can a tenant be evicted for not paying rent in Ontario?

A: Yes, a tenant can be evicted for not paying rent in Ontario. The landlord must first provide the tenant with proper written notice that they are being evicted, and then file an application with the Landlord and Tenant Board (LTB) for an eviction order. 

Q: What are the rules for increasing rent in Ontario?

In Ontario, landlords can increase rent once every 12 months. The amount of the increase is limited to the guideline set by the province each year. In 2023, the maximum allowable rent increase is 2.5%. In addition, landlords must provide tenants with written notice of the rent increase at least 90 days before the effective date of the increase.